Arkansas Code Annotated
Ark. Code Ann. § 16-85-404 (2020)
[Repealed.]
✓ Arkansas Code release r76: Acts through about 2020 (2021-2025 sessions missing)
Publisher's Notes. This section, and its exceptions, concerning the rule that only one offense is chargeable in an indictment, was repealed by Acts 2005, No. 1994, § 503. The section was derived from Crim. Code, §§ 125, 126; Acts 1901, No. 11, § 1, p. 22; C. & M. Dig., §§ 3015, 3016; Acts 1921, No. 230, § 1; Init. Meas. 1936, No. 3, § 20, Acts 1937, p. 1384; Pope's Dig., §§ 3837, 3838; A.S.A. 1947, §§ 43-1009, 43-1010.
Notes of Decisions
Cited in 3
cases, 1989–1995 · leading case: Logan v. State, 773 S.W.2d 413 (Ark. 1989).
Logan v. State, 773 S.W.2d 413 (Ark. 1989). “If they were different crimes they could not be charged together, Ark.Code Ann. § 16-85-404 (1987), but they are not crimes of different natures.”
Richmond v. State, 791 S.W.2d 691 (Ark. 1990). “Ark. Code Ann. § 16-85-404 (a) (1987). However, the information may allege the modes and means of the offense in the alternative.”
Rucker v. State, 899 S.W.2d 447 (Ark. 1995). “The information was amended to add as an alternative, the charge of premeditated and deliberated murder, pursuant to § 5-10-101.”
Ark. Code Ann. § 16-85-404(a): 2 cases
Logan v. State, 773 S.W.2d 413 (Ark. 1989). “If they were different crimes they could not be charged together, Ark.Code Ann. § 16-85-404 (1987), but they are not crimes of different natures.”
Rucker v. State, 899 S.W.2d 447 (Ark. 1995). “The information was amended to add as an alternative, the charge of premeditated and deliberated murder, pursuant to § 5-10-101.”
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